'Archakas' can be appointed under 'agamas' in TN temples: SC

Appointment of 'Archakas' (temple priests) in Tamil Nadu as per the 'Agamas', treaties relating to its functioning, today got the nod of Supreme Court which reiterated that any deviation from the age-old custom and usage would be an infringement of the freedom of religion.
The apex court, which relied on its 2006 verdict, said such appointment is not violative of the fundamental right to equality but the appointment of 'Archakas' should be in conformity with the Constitutional mandates and principles.
A bench of justices Ranjan Gogoi and N V Ramana said that the exclusion of some and inclusion of a particular segment or denomination for appointment as 'Archakas' would not violate Article 14 (right to equality) so long such inclusion/ exclusion is not based on the criteria of caste, birth or any other constitutionally unacceptable parameter.

'Agamas' are the treatises pertaining to matters like construction of temples, installation of idols and conduct of worship of the Deity.
The court's verdict came on a bunch of petitions filed by association of priests Adi Saiva Sivachariyargal Nala Sangam challenging the Tamil Nadu government's 2006 order allowing Hindus with requisite qualifications, irrespective of their caste, to become priests in temples in the state.
The bench said the state government's May 23, 2006 order that, any Hindu possessing the requisite qualification and training can be appointed as a Archaka in temples has the potential of falling foul of the dictum laid down in an earlier apex court judgement passed by a Constitution bench.

It referred to the earlier judgement which said priest's appointment has to be as per Agamas governing the temple and any deviation from the age old custom and usage would be an infringement of the freedom of religion.

The court said that the validity of the government's order
would depend on the facts of each case of appointment.
"What is found and held to be prescribed by one particular or a set of Agamas for a solitary or a group of temples, as may be, would be determinative of the issue.
"In this regard it will be necessary to re-emphasise what has been already stated with regard to the purport and effect of Article 16(5) of the Constitution, namely, that the exclusion of some and inclusion of a particular segment or denomination for appointment as Archakas would not violate Article 14 so long such inclusion/ exclusion is not based on the criteria of caste, birth or any other constitutionally unacceptable parameter," the bench said.

It also said, "So long as the prescription(s) under a particular Agama or Agamas is not contrary to any constitutional mandate as discussed above, the impugned government order dated May 23, 2006 by its blanket fiat to the effect... Has the potential of falling foul of the dictum laid down in..."
"The necessity of seeking specific judicial verdicts in the future is inevitable and unavoidable; the contours of the present case and the issues arising being what has been discussed," it said.
Earlier in 1970, the state government had amended the Tamil Nadu Hindu Religious and Charitable Endowments Act to abolish the principle of next in line of succession for appointment of priests in temples there.

The amendment was challenged in the Supreme Court and the Constitution bench had upheld its validity.